How a
Malpractice Attorney Can Help You File a Medical Malpractice Claim
Medical malpractice cases can be very difficult. Medical malpractice cases are challenging.
In the event of a medical malpractice lawsuit, damages can include the reimbursement of past and future medical expenses. If your injury prevents you working in the same capacity it is possible to receive compensation for future earnings.
Medical Malpractice
The medical malpractice lawyers at Abend & Silber PLLC have helped numerous clients recover the damages caused by negligence by healthcare professionals. To prove medical malpractice, it is necessary to show that the healthcare provider did not treat patients according to accepted protocols. It is also necessary to prove that the negligence caused injuries or even death.
Malpractice claims often involve allegations of erroneous diagnosis or treatment, surgical mistakes such as operating on the wrong body part or leaving instruments inside the patient, failure to monitor a patient following surgery, or improper use of machinery. These types of errors can cause many injuries, ranging from permanent damage to serious and painful scarring.
To practice good medicine it is essential to commit to being the best doctor and willing to study new techniques and procedures. It also requires being realistic about the potential risks of negligence and the possibility that you may be accused of malpractice if a mistake is made. Doctors should be sure to double-check all of their work and be sure they are aware of guidelines and rules.
Many states have adopted tort reform laws that cut down the costs of litigation by replacing trial and jury systems by alternative dispute resolution mechanisms including arbitration that is voluntary and binding. These measures are intended to accelerate the process, and also eliminate excessively generous juries. They also screen out non-important cases.
Inability to diagnose
Inability to identify medical malpractice can happen when the patient is injured due to an unprofessional doctor diagnosing a condition. In many instances, when a medical professional fails to identify an illness or medical condition, patients may be suffering from worsening symptoms, extreme pain and distress, and even death. Your lawyer might be able to help you build a claim against a medical professional if a doctor failed to investigate your medical condition and you suffer from a serious illness which could have been treated.
Undiagnosed cancers, heart attacks, strokes, as well as blood clots, such as DVT are all examples of medical malpractice. They are typically caused by doctors who don't follow the correct differential diagnosis procedure. This is a procedure by which doctors compile a list of possible diagnoses and eliminate them by asking questions, making further observations, or requesting tests.
Medical professionals have a duty of providing care to patients and they must exercise this duty in a responsible manner. To show that a healthcare professional failed to live up to the standard of care, your lawyer will need review your medical records and consult with experts in medicine who can compare your situation with how other doctors would have dealt with your situation. This usually requires expert testimony, and evidence such as studies in the lab or by imaging that show the healthcare professional did not know about your condition.
Failure to Treat
Modern medicine can accomplish wonders but when doctors aren't able to treat patients appropriately, the consequences could be disastrous. Our NYC medical
malpractice lawyers deal with cases that involve the failure to recognize diseases and injuries of all kinds. Medical professionals must keep detailed notes of their interactions with patients as well as any tests they have performed. It is also beneficial to be able to communicate clearly with patients and be clear when describing symptoms.
The role of a doctor is detect signs of serious diseases or illnesses and prescribe the correct treatment. This includes knowing when to refer a patient for further evaluation to a specialist.
Failure to treat may also be defined as a failure to act or allowing a situation to worsen. This kind of medical error can result in a more serious condition, a life-threatening injury or even death.
To prevail in any case involving failure-to treat the first step is to show the health care provider breached their duty to patients. The next step is to establish that the delay in receiving medical treatment has caused additional harm (called "damages" in legalese). This is usually done through the testimony of medical expert witnesses. New York, unlike many other states, does not restrict the amount of damages victims of medical negligence or
malpractice attorney malpractice are entitled to.
Failure to refer
Referring a patient's case to a physician that can offer treatment is a part of the duty of a physician should they find that the patient is suffering from medical conditions that are not their expertise. Failure to do this could be a breach of standard of care. If this occurs an action for malpractice could be filed.
Many doctors who don't refer patients do so out of fear that they will lose their business or because insurance companies are pressuring them to not pay for special treatments for patients. This type of medical error can cause serious problems for patients such as delayed diagnosis or even death.
It is important for patients to know that doctors are human and make mistakes. Even if the mistake is not considered medical malpractice, it could cause serious injuries to the patient. A malpractice lawsuit could aid the patient in recovering damages and hold the doctor responsible for the actions of his or her staff.
A malpractice claim could serve another purpose, which is to stop other doctors from making the same mistake. When the malpractice of a physician is exposed the hospital may be compelled to modify their policies and make sure all patients are referred properly for medical attention. This could save lives,
malpractice attorney and reduce future malpractice claims.